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he trial of the driver of the Baltimore police van during the arrest of [Only registered and activated users can see links. ] last year will begin this week in a downtown court house.Officer [Only registered and activated users can see links. ] faces the most serious charges of the six Baltimore officers charged in the arrest and death of Gray, who suffered a fatal spinal injury while in the van last April.

Here's what you need to know about the trial of Officer Goodson, which opens after motions are heard Monday:[Only registered and activated users can see links. ]

Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

The trial of the driver of the Baltimore police van during the arrest of [Only registered and activated users can see links. ] last year will begin this week in a downtown court house.Officer [Only registered and activated users can see links. ] faces the most serious charges of the six Baltimore officers charged in the arrest and death of Gray, who suffered a fatal spinal injury while in the van last April.

Here's what you need to know about the trial of Officer Goodson, which opens after motions are heard Monday:[Only registered and activated users can see links. ]

Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

BALTIMORE (WBFF) - A judge on Monday denied a defense motion to redact portions of Freddie Gray's autopsy at the trial for Officer Caesar Goodson. Goodson is the second of six Baltimore Police officers to stand trial in the case. He was the driver of the van during the April 12, 2015 arrest and faces the most serious charges.

The judge also denied a motion to dismiss charges based on what Goodson's attorneys called a violation of his right to a speedy trial -- as well as a motion to dismiss a second-degree assault charge.

A defense motion was granted to eliminate a statement made by Officer William Porter to an Internal Affairs detective assigned to investigate the arrest. Shortly after the arrest Detective Syreeta Teel contacted Porter over the phone and testified that Porter reported hearing Gray say, "I can't breathe" at the fourth stop of the police van. Later, on the witness stand, Porter remembered hearing Gray say "I can't breathe" before he was placed in the van for the first time.

[Only registered and activated users can see links. ]

Last edited by Aubrey; 06-06-2016 at 08:10 PM.

Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

Judge unseals another defamation lawsuit against Mosby by Freddie Gray officers[Only registered and activated users can see links. ]

Maryland U.S. District Court judge has unsealed another lawsuit filed against State's Attorney Marilyn Mosby by police officers charged in the Freddie Gray case.

Court records show Officers Edward Nero, who was acquitted of all charges last month, and Garrett Miller filed a joint suit against Mosby and Sheriff's Office Maj. Samuel Cogen on April 29. The case was unsealed Tuesday.

The suit alleges false arrest and false imprisonment, defamation, and violation of constitutional rights, and claimis Mosby and Cogen knowingly filed false charges against the officers "in furtherance of [their] own personal interests and political agenda."

The cases bring to five the number of known lawsuits filed against Mosby and Cogen by officers charged in the arrest and death of Gray.

The plaintiffs in the cases each asked that they be sealed, saying they needed to be filed before May 1 due to potential statute of limitations issues but that they did not want to rile Circuit Judge Barry Williams, who has imposed a gag order on the criminal cases

Two federal judges, Marvin Garbis and James Bredar, granted marginal orders to seal the separate cases brought by Nero and Miller, and Lt. Brian Rice, respectively. But in state court, Judge Althea Handy declined to seal cases brought by Sgt. Alicia White and Officer William Porter, and Garbis and Bredar decided to unseal the cases they are overseeing.

In unsealing Nero and Miller's case, Garbis wrote that there was an "absense of adequate justification for denying public access" to the file. Earlier in the week, Bredar unsealed Rice's case.

Nero elected for a bench trial last month, and Williams acquitted him of all four misdemeanor counts that he faced. Prosecutors said Nero had participated in the arrest and not taken proper legal steps to justify detaining Gray. Miller took the stand, and testified that Nero did not participate in the arrest except to help Gray find his inhaler.

BALTIMORE (CN) — The sheriff's officer who helped bring charges against police over the death of Freddie Gray urged a federal judge to dismiss one officer's civil claims against him.

Samuel Cogen, a major with the Baltimore City Sheriff's Office, filed the motion Tuesday, saying he is entitled to immunity.

Along with State's Attorney Marilyn Mosby, Cogen is named as a defendant to the [Only registered and activated users can see links. ] filed a month ago by Lt. Brian Scott Rice but kept under seal until Monday.

Rice was among six Baltimore police officers indicted after Gray's death on April 19, 2015, ignited riots across the city.

The charges allege that police lacked probable cause to arrest Gray, who died from a critical spinal cord injury he sustained while being transported in a van to central booking.

But Rice's lawsuit says it is Cogen and Mosby who lacked probable cause to arrest him.

Noting that he was on bicycle patrol at the time of Gray's April 12 arrest, Rice says he was the one who made eye contact with Gray that led the 25-year-old to begin running.

Rice was not present when fellow officers apprehended Gray, according to the complaint, but he says Gray was found in possession of an spring-assisted knife.

Though Rice insists such knives are illegal, Mosby called Gray's knife lawful at the May 1 press conference in which she announced the charges against the six officers.

Rice says this statement was false, and that Mosby "spoke in a divisive and inciting manner."

Cogen might have received "erroneous legal advice" from Mosby about whether there was probable cause to arrest and charge Rice, but the officer says Cogen should have known there was no probable cause.

The major's motion to dismiss insists that sufficient probable cause supported the application for statement of charges he submitted.

"Even if a constitutional violation did occur, Major Cogen would still be entitled to qualified immunity because there is no evidence that he was entirely unreasonable in believing that he had probable cause to bring charges against plaintiff," the motion continues.

In addition to his immunity, Cogen says the case against him should be dismissed since Rice "failed to properly serve him."

In [Only registered and activated users can see links. ] Rice's complaint Monday, U.S. District Judge James Bredar noted that the Baltimore Sun had sought access to the case files.

The two-page ruling also references Circuit Judge Althea Handy's [Only registered and activated users can see links. ] last week to unseal a similar case by two of Rice's co-defendants, Sgt. Alicia White and officer William Porter.

[Only registered and activated users can see links. ]

Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

Judge Barry Williams will hold a hearing Thursday on the first day of trial for Officer Caesar Goodson about whether prosecutors wrongly withheld discussions they had with a potential witness in the Freddie Gray case, newly unsealed documents show.

Attorneys for Goodson are asking Williams to dismiss the charges against him, alleging the failure to disclose the information was a violation of his rights. Documents filed by both sides were filed under seal, but unsealed by Williams on Wednesday.

The 11th-hour filings revolve around Donta Allen, the second man who was placed inside the police transport van after prosecutors say Gray was severely injured. Police said Allen told investigators that Gray was thrashing around the van, but Allen has publicly recanted that statement and said he only heard a faint tapping, according to court documents.

Prosecutors dismissed the meeting as inconsequential, saying it produced no evidence because Allen was "consistent with his inconsistence." They say their meeting with him was "farcical" and "unproductive," and they do not intend to call Allen as a witness.

Goodson's attorneys say Allen's attorney, Jack B. Rubin, contacted them last week and said the state had concealed for over a year that they had met with Allen last May. The defense says Williams has twice determined that the state improperly failed to produce discoverable evidence in two prior occasions.

"Officer Goodson would never have learned of this third instance without the intervention of a conscientious lawyer who felt duty bound to alert the court and the defense to the state's misconduct," Goodson's attorneys write. "This is the state's third strike — the only remedy that can rectify the state's violations ... is dismissal of the charges against Officer Goodson."

The state says defense attorneys are seeking an "unauthorized" remedy and that they complied with their obligations to disclose potentially exculpatory information.

Goodson's trial is set to begin Thursday with opening arguments. He was the driver of the van inside of which Gray suffered fatal spine injuries, and is charged with second-degree murder, three counts of manslaughter, and other charges He has elected a bench trial in front of Williams. Last month, Williams acquitted another officer in the case, Officer Edward Nero, of all charges.

Marilyn Mosby Is Facing TWO MORE Lawsuits From Different Baltimore Cops In Freddie Gray Case
3:09 PM 06/08/2016[Only registered and activated users can see links. ]

A federal judge unsealed court documents Tuesday that show Officers Garrett Miller and Edward Nero filed a joint suit against Mosby and Maj. Samuel Cogen of the Baltimore City Sheriff’s Office, the Baltimore Sun reports. The suit alleges false imprisonment, defamation and violation of constitutional rights, claiming the charges filed against the officers were trumped up in an effort to quell anger after the Baltimore riots.

In addition to that suit, Lt. Brian Rice filed suit against Mosby and Cogen for false imprisonment, defamation of character, and violation of rights. The suit, which was unsealed Monday, points to the press conference where Mosby made heated rhetoric about the case.

These new suits come after news broke that Sgt. Alicia White and Officer William Porter filed suit against Mosby and Cogen of the Baltimore Sheriff’s office for defamation and invasion of privacy. The suit alleges Mosby and Cogen knew the charges were trumped up, but filed them anyway to quell the riots that had ravaged the city.

Officer Caesar Goodson trial day 1: What you need to know
June 9, 2016[Only registered and activated users can see links. ]

The trial of Officer Caesar Goodson Jr., the driver of the van during the arrest of Freddie Gray last year, is scheduled to begin Thursday morning in a downtown courthouse.

What's happening today?

Before opening statements can begin, Judge Barry Williams will hold a hearing about whether prosecutors wrongly withheld discussions they had with a potential witness in the Freddie Gray case, newly unsealed documents show.

What's that about?

Attorneys for Goodson are asking Williams to dismiss the charges against him, alleging the failure to disclose the information was a violation of his rights. Documents filed by both sides were filed under seal, but unsealed by Williams on Wednesday.

The 11th-hour filings revolve around Donta Allen, the second man who was placed inside the police transport van after prosecutors say Gray was severely injured. Police said Allen told investigators that Gray was thrashing around the van, but Allen has publicly recanted that statement and said he only heard a faint tapping, according to court documents.

What has happened already?

On Monday, during a pretrial motions hearing, Goodson elected for a bench trial, leaving his legal fate in the hands of a judge rather than a jury. His trial was originally set to begin in January, but was postponed because of a Court of Special Appeals order.

The defendant

Goodson, 46, was the driver of the van used to transport Gray to Western District headquarters. Goodson, who has been free on $350,000 bail, drove the van on April 12 because he had volunteered to work an overtime shift on an off day. Goodson was scheduled to stand trial earlier this year, but the case was delayed by several legal challenges. He's the third of six Baltimore officers to stand trial in the Gray case.

The charges

Goodson is charged with second-degree depraved-heart murder, second-degree assault, misconduct in office, involuntary manslaughter, manslaughter by vehicles (gross negligence), manslaughter by vehicles (criminal negligence) and reckless endangerment. Of those officers charged, he's the only one facing a murder charge. The second-degree charge of depraved-heart murder carries a maximum sentence of 30 years in prison. Second-degree assault carries a penalty of up to 10 years in prison. Reckless endangerment carries a penalty of up to five years in prison. Misconduct in office does not carry a set term limit.

The Baltimore prosecutor's office on Thursday is beginning its highest profile and most pivotal case in the six Freddie Gray trials — the effort to convict Officer Caesar Goodson of "depraved-heart" murder.

And in data exclusively obtained by NBC News, a conviction for Goodson would be the first of its kind in at least a decade.

Failure to net a conviction for Goodson, who was driving the police van when Gray sustained ultimately fatal spinal injuries, could spell an end to Baltimore City State's Marilyn Mosby's high-stakes legal gambit to send a message on combating police brutality.

"She has a tremendous amount on the line, her entire career, particularly her credibility," said former Maryland prosecutor Rene Sandler. "She should take a strong look at the other cases, if there is another acquittal."
The odds are against her.

Goodson's defense team saw a more promising legal strategy in opting for a bench trial on Monday, which some legal experts say should affect the prosecution's counter-strategy.

In a jury trial, the prosecution presents evidence to 12 members of a jury. Twelve different people work in tandem to return a verdict. In a bench trial, that job is put in the hands of one individual, the judge.

Baltimore prosecutors alleged Thursday that the police officer driving the van in which Freddie Gray was fatally injured gave him an intentional "rough ride," pointing to video that shows him running a stop sign and crossing the center line.

The accusation was made by Chief Deputy State's Attorney Michael Schatzow in opening statements at the trial of Officer Caesar Goodson Jr., as prosecutors seek to convict him of second-degree depraved heart murder, three counts of manslaughter and other charges in Gray's death.

The opening statements came after a 90-minute hearing in which Circuit Judge Barry G. Williams, who will decide Goodson's fate instead of a jury, blasted prosecutors for failing to disclose to the defense a meeting they had with Allen last year.

Williams said Schatzow, the second-highest-ranking prosecutor in Baltimore, was not grasping the rules surrounding discovery of evidence. He directed prosecutors to take inventory of the evidence in all the pending cases in Gray's arrest and death and disclose on Monday any other information they have withheld.

"My concern becomes what else is out there," Williams said to Schatzow. "If your office doesn't get [discovery obligations], I don't know where we are at this point

Goodson is the third of six officers to go to trial in Gray's arrest and death. Last month, Officer Edward Nero, who participated in Gray's initial arrest and helped load him into the police van, was acquitted of all charges by Williams.

Before that, a hung jury in the trial of Officer William Porter resulted in a mistrial. Porter is slated to be tried again, but will be called as a witness by prosecutors at Goodson's trial to support their contention that officers had multiple opportunities to help a severely injured Gray and didn't take action.

June 10, 2016, 3:28 PM[Only registered and activated users can see links. ]

The doctor who performed Freddie Gray's autopsy defended in court Friday her finding that Gray's death was a homicide.

Assistant medical examiner Dr. Carol Allan took the stand on the second day of the trial of Baltimore Police Officer Caesar Goodson Jr., the driver of the transport van who faces the most serious charges of the six officers charged in the case.

On the stand, Allan defended her finding that Gray's fatal injuries were suffered in a diving-type accident related to an abrupt force to his neck during a specific portion of his transport. She testified that she was sure, based on medical evidence, witness statements and other observations she made, that Gray's death "was no accident."

Under cross examination by Goodson's attorneys, Allan acknowledged there is no evidence of what happened during specific parts of the van ride. But, she said, circumstantial evidence – including statements from witnesses and injuries observed to Gray's head – had given her a solid, medically-based foundation for her conclusions.

Prosecutors allege that Goodson gave Gray a "rough ride" while Gray was shackled and handcuffed, but not restrained by a seat belt in the back of the van. They are seeking to convict Goodson of second-degree depraved heart murder, three counts of manslaughter and other charges in Gray's death.

Gray, 25, died April 19, 2015, a week after his arrest. His death sparked widespread protests against police brutality, and his funeral was followed by rioting, looting and arson. State's Attorney Marilyn Mosby filed criminal charges against six officers involved in Gray's arrest in death. All have pleaded not guilty.

Allan testified that Gray's injuries indicated that the van had made an "abrupt" stop or turn, but suggested that is a relative term. Gray's inability to see where the van was going and anticipate such movements would make them more abrupt for him, she said.

The basis for Allan's autopsy report had been challenged in pre-trial motions, with the defense successfully arguing for the redaction of a key statement Allan had used to determine Gray's death was a homicide.

That statement, allegedly made by Officer William Porter to police investigator Det. Syreeta Teel in an unrecorded phone conversation three days after Gray's injury, was that Gray had said "I can't breathe" at a stop of the van in which he was injured, and where Gray, Porter and Goodson were alone. Porter, at his own trial last December, denied making that comment.
During Porter's trial, Allan had cited Goodson and Porter's failure to take Gray to the hospital or call a medic at that stop as part of the foundation for her ruling that Gray's death was a homicide.

There’s been a bit of a bombshell dropped in the trial of Ceasar Goodson, the police officer who drove the van in which Freddie Gray sustained his eventually fatal injuries. We previously discussed the decision by Goodson’s team to opt for a bench trial and allow Judge Barrie Williams to decide his fate rather than facing a jury, along with how that might impact his fate. Now, the early signs are that it might have been a wise choice. Williams is reported to have appeared “visibly angry” on the second day of the trial when it was revealed that prosecutors had intentionally withheld evidence which could seriously tip the case in Goodson’s favor. (ABC News)

The testimony of Donta Allen could essentially invalidate the entire premise of the prosecution and the timeline of events which they are presenting for the day in question. Allen was picked up on the final leg of the van’s trip, well after Gray’s injuries were alleged to have been suffered. He was in the back of the van on the other side of the barrier from Freddie Gray and, according to the Baltimore Sun, told police during two interviews that he heard Gray moving around and “banging” against the partition while he was in the van. He also testified that the trip was a “smooth ride” while he was in the van, contradicting claims that Gray has been intentionally given a “rough ride” to injure him.

This isn’t a slam dunk for the defense because Allen’s credibility as a witness may be called into question. He was in the back of the van for a reason and the state may try to discredit his testimony. But what benefit would it be to Allen to lie about his ride in the van during two extensive interviews? If he was a criminal offering testimony which might bring a cop down you could understand a healthy dose of skepticism on the part of the judge, but this appears to be the opposite case.

Up until now, Baltimore State’s Attorney Marilyn Mosby has been under fire for mishandling this case from essentially the beginning, but it’s mostly been seen as an inept and potentially biased attempt to punish the cops and send a message to the community. The evidence seemed shaky and the list of charges appeared to be an overreach. But all of these factors could be written off as incompetence or the result of some sort of vendetta. This news, however, could change the entire flavor of the trial for the judge.

Also under cross examination, Porter pointed out that Gray seemed lethargic at both stops, but he spoke in a normal voice and showed no sign of medical distress.

At pone point, under cross-examination, Porter said Gray uttered the "magic words" which is hospital.

The prosecution objected to the use of that phrase and Judge Barry Williams ordered it stricken from the record.

Although he is forced to testify for the state, at the start of his testimony Porter acknowledged he is suing Marilyn Mosby, and he met with Officer Caesar Goodson’s attorneys twice to discuss his testimony..

Porter spoke in a clear authoritative voice.

Twice, during the cross-examination, Porter went off the stand and demonstrated how he knelt over Gray in the van

10:50 a.m

Officer William Porter has been on the stand for about an hour.

Although he is forced to testify for the state, at the start of his testimony he acknowledged he is suing Marilyn Mosby, and he met with Officer Caesar Goodson’s attorneys twice to discuss his testimony.

Porter testified he asked Freddie Gray what’s up when the van stopped at Druid Hill Avenue and Dolphin Avenue and Gray said "help me up".

The prosecutor noted that conflicted with what he told internal affairs officers in which he said hat Gray repeated asked for help.
The defense objected, that led to a bench conference.

Before that conference, Judge Barry Williams spotted one of the courtroom spectators reacting to the testimony, and he admonished everyone in the courtroom not to show any kind of emotional reaction to testimony, saying anyone who does would be removed from the courtroom.

It was not clear what was the spectator's reaction.

Porter also testified that he told Goodson, Gray should be taken to the hospital since he could not get admitted to Central Booking, and Goodson replied sure.

Porter later testified he was called to North Avenue and left the scene,.

That North Avenue scene turned out to be the van's fifth stop.

9:10 a.m.

Officer William Porter was spotted in a courthouse hallway shaking hands with Officer Caesar Goodson.

Porter is expected to testify for the state as a material witness at Goodson's second degree murder trial.

Porter is being offered limited immunity to describe what happened at the van stop at Druid Hill and Dolphin Street.

This is also risky witness for the state, because in her closing arguments at Porter’s trial in December, Prosecutor Janice Bledsoe described Porter as a liar. Goodson's defense is likely to raise that issue in cross examination.

Today is also the deadline Judge Barry Williams set for prosecutors to turn over evidence to the defense in this and the remaining Gray cases. We may not find out in open court if Schatzow and the other prosecutors met that deadline.

12:05 a.m.

It is day three of the second degree murder trial of Officer Caesar Goodson, who is charged in the death of Freddie Gray.

Sources tell WBAL NewsRadio 1090, Officer William Porter, who faces a retrial in September, will testify for the state today, as ordered by the Maryland Court of Appeals.

Porter is considered a material witness and will detail the police van’s fourth stop at Dolphin Street and Druid Hill Avenue.

That’s where Porter checked on Freddie Gray, and told Goodson he needed medical attention, but prosecutors allege Goodson did nothing.

Today is also the deadline Judge Barry Williams set for prosecutors to turn over evidence to the defense in this and the remaining Gray cases.

[Only registered and activated users can see links. ]

Last edited by Aubrey; 06-13-2016 at 05:12 PM.

Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

Baltimore police Officer William Porter said Monday that Caesar Goodson had custody of Freddie Gray while Gray was inside the police wagon, and therefore was responsible for him.

Goodson is the police wagon driver on trial in connection with the arrest and death of Gray.

"You previously testified that whoever has custody of the prisoner is responsible for them. Who had custody of him at this time?" prosecutor Michael Schatzow asked Porter after multiple objections by Goodson's defense attorneys.

Porter replied, "the wagon operator," and identified Goodson.

Gray died after suffering a spinal injury during an arrest in April 2015. The death of Gray ignited a wave of protests as debate surged nationwide over whether police use excessive force, particularly against African-Americans.

Prosecutors have said that Gray complained of having trouble breathing and asked for medical help as he was driven in a police van. When he arrived at a police substation, he was unconscious. A week later, Gray died at a hospital from a spinal injury.

Porter was the first of the six officers to face a trial in the April 2015 death of Gray. Prosecutors went to great lengths to compel Porter to testify at his fellow officers' trials with immunity, meaning his testimony cannot be used to incriminate him. His own trial ended in a mistrial in December and he is scheduled to be retried in September.

Gray was placed inside Goodson's police wagon after being detained and arrested by three other Baltimore police officers. Porter responded to a call for assistance from Goodson at a later stop, but did not ask why Goodson was requesting help, according to his testimony.

Goodson opened the back doors of the police wagon and Porter said he saw Gray lying face down on the van floor with his feet facing the back of the wagon. After Gray asked Porter to "help him up," Porter assisted Gray to the bench of the wagon and left him there sitting with his hands cuffed behind his back, Porter said.

Under cross-examination, Porter was asked by defense attorney Andy Graham to demonstrate how he assisted Gray onto the bench inside the van. Porter came off the stand, knelt and showed how he came up behind Gray, lifted him by putting his hands around him and raised Gray against his own body.

Porter said that there was "no possible way [he] could lift a 150-pound man and place him on the bench in such a confined space." Porter said Gray assisted by pushing off the ground with his legs toward the bench.

BALTIMORE (CN) — The police officer charged with murdering Freddie Gray called his first defense witnesses Tuesday, though the prosecution has not yet rested its case.

Forensic pathologist Jonathan Arden and neurosurgeon Joel Winer both testified that 25-year-old Gray would have instantaneously felt effects of the spinal cord injuries he sustained while Baltimore police transported him in a van to the police station, handcuffed and shackled without a seatbelt.

Gray was arrested on April 12, 2015, but arrived at the police station unresponsive after the 45-minute van ride. He died a week later. Caesar Goodson, the officer on trial, was driving the van. Goodson is one of six officers the state has charged in connection to Gray's death, but he alone faces the most severe charge of second-degree depraved-heart murder.

During questioning by defense attorney Amy Askew, Arden testified that Gray's injuries would have left him unable to move from the neck down, unable to speak or breath, and would have caused Gray to become incontinent, which is exactly how police at the Western District Police Station found Gray.

Arden, who has performed more than 3,000 autopsies, testified that given the circumstances of Gray's death and evidence presented to medical examiners, he would have determined that Gray's death was an accident, which directly opposes assistant medical examiner Carol Allen's ruling that Gray was the victim of homicide.

Allen [Only registered and activated users can see links. ] last week that Gray's injury occurred between the second and fourth stops of the van ride, and that the effects of the injury did not become fully apparent until the sixth and final stop.

Winer testified today that the nature of Gray's neck injury was "sudden and instantaneous," and "could not occur gradually." Winer's determination mirrors Allen's, except as to time. Witnesses have repudiated Allen's findings multiple times during the course of two trials related to Gray's death.

Just this past Monday, officer William Porter testified that he and Gray worked together at the third stop to get Gray off the floor of the van and into a seated position on the bench.

Porter also testified Gray spoke to him at the third stop when he asked for help and requested a medic. Gray allegedly spoke to officers again at the fifth stop, replying in the affirmative that he wanted to go to the hospital.

Porter, the first of the six officers charged in relation to Gray's arrest and death, went on trial in December, but a [Only registered and activated users can see links. ] was called after a jury was unable to reach a verdict. Porter was compelled to testify against his fellow officer following a decision handed down by Maryland's highest court.

Prosecution witness Dr. Marc Soriano testified on Tuesday that he believed Gray may have been able to speak following the injury and might have even been able to sustain his position kneeling on the floor of the van. But Winer testified today that the nature of the spinal cord injury would have prevented Gray from being able to breath.

Law professor Douglas Colbert said scheduling conflicts likely prompted the unusual move of having the Goodson's defense present witnesses while the state is still mounting its case.

Prosecutors began the trial with the theory that Goodson gave Gray a "rough ride" in retaliation for resisting arrest.

No one has testified directly to the rough-ride theory in court yet, but Detective Michael Boyd did walk the court through a series of city surveillance videos earlier this week. In testimony that began on Monday afternoon and finished Tuesday, Boyd presented video of Goodson driving his van during the 45-minute trip from Gray's arrest to the police station.

Despite questions regarding the driving habits of Goodson by Chief Deputy State's Attorney Michael Schatzow, Boyd gave no testimony to suggest that the van took any abrupt stop, start or turn during the trip.

[Only registered and activated users can see links. ]

Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

The state has rested, and now it’s the defense’s turn at the second degree murder trial of Officer Caesar Goodson, charged in the death of Freddie Gray.

The defense has already presented two expert witnesses who disputed the findings of the autopsy report on Freddie Gray, that the manner of death was homicide.

This morning, before the defense presents any more witnesses, Judge Barry Williams will consider a motion by the defense to acquit Goodson on all charges, noting the state hasn’t proven its case.

That is standard procedure at criminal trials.

On Wednesday, offering a hint into how he’ll rule on that motion, Judge Williams said the defense promises a " truncated case," meaning the case will likely be short.
There is the possibility the defense could rest its case later today, or tomorrow.

In his opening statement last week, defense attorney Andrew Graham told the court that the defense would call Allen, the second man loaded into a separate section of the police transport van that carried Freddie Gray.

Allen, who is serving prison time for violating probation, had offered conflicting statement over whether the ride in the van was bumpy or smooth, and whether he heard Gray kicking and screaming in the van.

It is not clear if Allen will be called in a short defense case.

It is also possible the defense may call Officer William Porter to the stand again.

On Monday, Porter testified for the prosecution, with limited immunity, and under cross examination said he received no acknowledgement that Goodson agreed with his recommendation that Gray be taken to the hospital after the van's fourth stop, at Druid Hill and Dolphin Avenues., even though he told prosecutors Goodson said "sure" when he offered that recommendation.

At the start of his testimony, Porter said that he met with Goodson's defense team twice to discuss his testimony.

The defense also has the option of including the notes of a Baltimore City Police detective, who interviewed Assistant Medical Examiner Dr. Carroll Allan, who performed the autopsy on Gray.

In those notes, Allan indicates she was considering ruling the manner of Gray;'s death as accidental.

That directly conflicts with her testimony last week, in which Allan said the phrase accidental, "never crossed my lips," except when she told her boss that the option was being ruled out in Gray's case.

Allan testified that she ruled the manner of Gray;s death was homicide.

Those notes were one of the pieces of evidence the state was forced to turn over to the defense this week, under orders from Judge Williams.
The judge had said prosecutors violated rules of discovery that requires prosecutors to turn over evidence to the defense. However, the judge is allowing the trial to continue.

Court resumes at 9:30 this morning.

[Only registered and activated users can see links. ]

Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

Judge Barry G. Williams has denied a motion to acquit Baltimore Police Officer Caesar Goodson Jr., charged in the death of Freddie Gray.

Defense attorneys for Goodson filed the written motion at the conclusion of the state’s case asking Williams to issue a judgment of acquittal, based on the defense claim that prosecutors had not proven Goodson’s guilt to a reasonable degree on the charges against him – including second-degree depraved heart murder.

[Only registered and activated users can see links. ]

Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

By [Only registered and activated users can see links. ] and [Only registered and activated users can see links. ] June 23 at 7:00 AM

BALTIMORE — A judge is set to render a verdict Thursday morning for the sole officer charged with murder in the case of Freddie Gray, whose death in police custody last year set off protests and riots throughout the city.

Judge Barry G. Williams is expected to announce his decision at 10 a.m. in the trial of Officer Caesar Goodson Jr., who faces counts of second-degree depraved-heart murder, manslaughter, and other charges.

[Only registered and activated users can see links. ]

Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

Freddie Gray case: Officer Caesar Goodson found not guilty on all charges

June 23, 2016

The Baltimore Police officer van driver accused of giving a “rough ride” that killed Freddie Gray was found not guilty by Judge Barry Williams of the most serious charges he faced, second-degree murder.

The Baltimore Police officer van driver accused of giving a “rough ride” that killed Freddie Gray was found not guilty by Judge Barry Williams of the most serious charges he faced, second-degree murder.

Officer Caesar Goodson Jr., 46, had faced the most serious charges of any of the six officers indicted in Gray’s death last April, including a charge of second-degree murder. Goodson was also charged with three counts of manslaughter, second-degree assault, reckless endangerment and misconduct in office.

Prosecutors argued Goodson had five chances to render aid to Gray after his neck was broken in the back of the van, which they said demonstrated a “depraved heart.”

[Only registered and activated users can see links. ]

Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

The high stakes and ultimately failed legal gambit by the Baltimore City State's Attorney's office to convict Officer Caesar Goodson, in the death of 25-year old Freddie Gray, brought to light a murkier side of what went on behind the scenes.

According to presiding Judge Barry Williams, prosecutors in the Goodson trial withheld critical information from the defense that could have helped their case. Sharing such "exculpatory" information is a core legal obligation in prosecutions and goes to fundamental fairness rights.

"I'm not saying you did anything nefarious. I'm saying you don't understand what 'exculpatory' means," Williams told prosecutors upon discovering the violations.

SNIP

Such prosecutor violations are also not unique to the Freddie Gray trials. It happens a lot.

The Innocence Project, a non-profit legal organization that works against wrongful convictions, [Only registered and activated users can see links. ] prosecutorial misconduct in five states over the past five years and found that the practice was widespread.

"There were several prosecutors' offices that did not hand over evidence that they should have," said Paul Cates, communications director for the Innocence Project. "We know the system that is supposed to prevent this is inadequate due to very little transparency and very little accountability."

In preparing for the Goodson trial, which received a significant degree of national attention, Baltimore prosecutors had a meeting with Donta Allen, the other arrestee in the back of the wagon with Freddie Gray.

Although, they had Allen's police statement from the day Gray sustained his injuries, prosecutors decided to speak to him once more in the presence of his attorney.

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They made no mention of this to Goodson's defense attorneys.

The fact that the meeting took place found its way to the defense over a year later by way of Allen's attorney, Jack Rubin. Defense attorneys said Rubin came to them as a "conscientious lawyer who felt a duty bound to alert the court and the defense to the state's misconduct."

A livid Judge Williams skewered prosecutors on this failure before opening statements kicked off. "Isn't that your duty to turn things over, my concern is what else is out there that you didn't turn over?" he asked prosecutor Michael Schatzow.

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Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

Prosecutors have little time to decide how to proceed with next trial in the death of Freddie Gray

[Only registered and activated users can see links. ] and [Only registered and activated users can see links. ]The Baltimore Sun

With barely a break, prosecutors have to move on to the next case after the acquittal of Caesar Goodson.

June 24, 2016

After failing to secure a conviction in a third straight trial in the death of [Only registered and activated users can see links. ] this week, prosecutors have just days to decide how to proceed with the trial of the next police officer.

Lt. Brian Rice, the highest-ranking of the six officers charged, is due to stand trial July 5. Prosecutors face a Monday deadline to make any final pretrial filings.

After Baltimore Circuit Judge Barry G. Williams acquitted Officer [Only registered and activated users can see links. ] of all charges Thursday, legal analysts say, prosecutors will be looking at whether they have any additional evidence or a new strategy that could help secure a conviction.

Warren Alperstein, a defense attorney who has been following the cases, said prosecutors face a frantic few days.

"Without a doubt, they have to be extremely disappointed and probably scrambling with their efforts to revive their cases," Alperstein said. Williams "just obliterated their case and their theories."

Williams has ordered prosecutors and defense attorneys not to speak publicly about the cases.

The failure of prosecutors to win convictions against Officers William Porter — whose trial ended in a hung jury — and Edward Nero and Goodson has cast doubt on their ability to get a different result against Rice next month. But the evidence prosecutors have against Rice is not fully known. And it's not clear whether his role as a supervisor could make his case different.

Rice was one of three bike officers — along with Officers Garrett Miller and Nero — on patrol in the Western District on the morning of April 12, 2015. Police say Gray saw the officers and took off running. Rice initiated the chase.

Rice helped load Gray into a police van after his arrest. The 25-year-old Gray suffered a severe spinal cord injury while in police custody and died a week later.

A. Dwight Pettit, a defense attorney not involved in the case, said prosecutors will likely be analyzing Rice's role as a supervisor to see if there are new ways to argue that he committed a crime, even if the other officers did not.

"He may have a little bit more culpability," Pettit said. "It's all I can think of."

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Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

Officers Awaiting Trial In Freddie Gray Case Ask For Their Charges To Be Dismissed

June 28, 2016 12:00 PM

BALTIMORE (WJZ)—The remaining four officers set to stand trial in connection to the death of Freddie Gray are requesting that their cases be dismissed, according to court records obtained by WJZ.

In new, nearly identical motions, attorneys for Lt. Brian Rice, Officer Garrett Miller, Officer William Porter and Sgt. Alicia White allege defects in the prosecution, which violated the officers’ right of due process.

This comes the week after Officer Caesar Goodson was acquitted of all the charges he faced in relation to Gray’s death, including second-degree murder, and a month after Officer Edward Nero was acquitted.

Rice’s trial is set to begin next week, on July 5. He is facing charges of manslaughter, second-degree assault, reckless endangerment and misconduct in office.

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Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

Proceedings To Begin For 4th Baltimore Officer Charged In Freddie Gray's Death

July 5, 20163:31 AM ET

Pre-trial motions are to begin Tuesday morning in the trial of Lt. Brian Rice, who's charged with manslaughter, assault, reckless endangerment and misconduct in last year's death of 25-year-old Freddie Gray.

Gray died a week after being taken into custody, suffering a spine injury in a police van while he was handcuffed and shackled but not restrained by a seat belt.

[Only registered and activated users can see links. ]reports:

"Rice is the officer who initiated the pursuit of Gray when he and two others were walking in west Baltimore on April 12, 2015. According to testimony in previous trials, Gray ran off after Rice made eye contact with him.

"Officers Garrett Miller and Edward Nero responded to the call. A short time later, Miller arrested Gray and he, along with Rice and Nero, loaded Gray into the van.

"Officer Caesar Goodson drove off with Gray, but stopped the van a few blocks later. At that time, Rice, Nero and Miller took Gray out of the van, placed him in leg shackles and placed him face-down on the floor of the vehicle."

The most serious charge against Rice stems from failing to secure Gray with a seat belt.

Two other officers in the case, [Only registered and activated users can see links. ] and [Only registered and activated users can see links. ], have been acquitted.

The proceeding against a third officer, [Only registered and activated users can see links. ] was declared a mistrial and he is scheduled to be retried.

Rice is expected to request a bench trial, and Circuit Judge Barry C. Williams would hear the case. He is the judge who acquitted Goodson and Nero.

Rice, the highest-ranking officer charged in the case, was on bike patrol at the housing complex where Grey attempted to flee police.

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Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

Photos from the trial of Lt. Brian Rice, the highest-ranking Baltimore police officer charged in the arrest and death of Freddie Gray.

Justin Fenton - July 5, 2016

Baltimore police Lt. Brian Rice has elected a bench trial in the latest Freddie Gray case.

The highest-ranking Baltimore Police officer charged in the arrest and death of [Only registered and activated users can see links. ] has elected to have a judge decide his fate rather than a jury.

During a pre-trial motions hearing Tuesday, Lt. [Only registered and activated users can see links. ], 42, opted to follow the same route as two fellow officers acquitted in recent months in electing for a bench trial.

His fate will rest in the hands of Circuit Judge [Only registered and activated users can see links. ]. In two previous trials, Williams cleared officers [Only registered and activated users can see links. ] and [Only registered and activated users can see links. ], who faced similar or more serious accusations.

Williams on Tuesday also denied a defense motion to dismiss the case altogether.

Opening statements are scheduled for 9:30 a.m. Thursday.

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Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

Police records can't be used in next Freddie Gray trial
9 hrs ago[Only registered and activated users can see links. ]

Baltimore prosecutors are facing mounting obstacles in their manslaughter case against the highest-ranking officer charged in the death of Freddie Gray, and his trial Thursday hasn't even begun.

Baltimore Circuit Judge Barry Williams ruled Tuesday that prosecutors can't enter into evidence 4,000 pages of documents involving the training of Lt. Brian Rice, the fourth of six officers — three black, three white — to be tried in the young black man's death.

Gray died after his neck was broken inside the metal prisoner compartment of a police van. Prosecutors say the officers were criminally negligent when they bound Gray's hands and feet with handcuffs and shackles, but left him unrestrained by a seatbelt, thus vulnerable to injury.

Prosecutors are expected to argue that the 17-year Baltimore Police veteran knew or should have known that he and the officers he commanded were violating orders by intentionally leaving Gray unbuckled. Examining his in-service training records in court might have helped.

After three trials, Williams has yet to rule that the officers committed any crimes. The first, heard by a jury, ended in a mistrial. The next two officers let Williams alone decide their fates, and he acquitted both. Now Rice wants a bench trial as well, on charges that also include assault, misconduct in office and reckless endangerment.

In a final pre-trial hearing Tuesday, Williams denied a defense request to dismiss the charges, but he also denied the use of Rice's training documents, saying the state failed to share them with the defense in time.

Chief Deputy State's Attorney Michael Schatzow said prosecutors had been seeking the documents from police "for months and months," and gave copies to the defense on June 29, the day after they got them.

"Why would you expect the court to allow you to drop 4,000 pages on the defense a few days before trial without repercussions?" the judge countered. "You've said it's been difficult for you to get the documents from the police department. Ok, then go up the chain. Talk to people. Go to the court. You didn't do that."

Later Tuesday, police spokesman T.J. Smith said the department received a written request for the documents on June 18, and worked overtime to produce them just 10 days later.

City Solicitor George Nilson said the state requested Rice's training records in May and October 2015, and were given a single six-page document in response. The state broadened the scope of its request on June 18, yielding much more voluminous results, he said.

The dispute shows how difficult it is to prosecute police officers, said University of Baltimore Law School professor David Jaros, who has observed the trials.

"Given that the state was already facing a serious uphill battle, the inability to bring in any evidence of Lt. Rice's in-service training on how to secure a suspect made their case that much harder," Jaros said.

BALTIMORE - Attorneys are set to deliver opening statements Thursday in trial for the highest-ranking Baltimore police officer charged in the arrest and death of Freddie Gray.

Lt. Brian Rice, 42, faces counts of manslaughter, reckless endangerment, assault and misconduct in office related to the 25-year-old's death last year from a fatal neck injury in police custody.

Prosecutors are scheduled to start laying out their case against Rice at 9:30 a.m. in Baltimore City Circuit Court, followed by opening statements from defense attorneys. Rice has opted for a bench trial before Judge Barry G. Williams, rather than a jury trial.

Rice is one of six officers charged and the fourth to be tried in the case. Prosecutors have yet to secure a conviction. Two other officers who chose bench trials were acquitted; trial for a third officer ended in a hung jury.

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Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption

[Only registered and activated users can see links. ] - [Only registered and activated users can see links. ]

The highest-ranking Baltimore police officer charged in the death of black detainee Freddie Gray goes on trial on Thursday with Maryland prosecutors still seeking their first conviction in the high-profile case.

Lieutenant Brian Rice, 42, is the fourth to be tried of six officers charged in Gray’s death in April 2015. Gray died from a broken neck suffered in a police transport van.

His death a week after being arrested triggered rioting in which nearly 400 buildings were damaged or destroyed in the majority black city of 620,000 people.

Gray’s death stoked a national debate that had been spurred by the deaths of unarmed African-Americans at the hands of police in cities including New York, Cleveland and Ferguson, Missouri.

Baltimore City Circuit Court Judge Barry Williams will hear the case in a bench trial. Williams has acquitted Officers Caesar Goodson Jr. and Edward Nero, and a third officer, William Porter, faces retrial after a jury deadlocked.

Rice is charged with involuntary manslaughter, second-degree assault, two counts of misconduct in office and reckless endangerment.

Rice ordered Nero and another officer in a bicycle patrol to pursue Gray when he fled unprovoked in a high-crime area. Prosecutors allege that Rice failed to secure Gray, 25, with a seat belt when he helped put him into the van while shackled.

Prosecutors’ case against Rice was dealt a blow at a pretrial hearing on Tuesday when Williams ruled that neither they nor the defense could use 4,000 pages of documents related to Rice’s training.

The team headed by prosecutor Michael Schatzow turned over the material to the defense only last week, and Williams scolded Schatzow about the delay.

Williams already had sanctioned him for failing to turn over evidence in a previous trial.

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Last edited by Aubrey; 07-08-2016 at 01:46 PM.

Hope is a good thing, maybe the best of things, and no good thing ever dies... By Andy Dufresne/Shawshank Redemption